Opinion (Rogério COPETO / Official GNR): FREE MOVEMENT OR SAFETY.


Resetting the control of people and goods at land borders is an exceptional measure, It is taken after consideration of the advantages and disadvantages that it causes, considering that at events like the visit of a Pope, the right to security overrides the right of free movement.

Rogério COPETO

Lieutenant Colonel of the GNR

Master in Law and Security and Homeland Security Auditor

Head of the Division of Education / Training and Doctrine Command

So, once again it was approved by the Cabinet the decision to temporarily reset the control of people and goods at the land border, between days 10 and 14 May, by reason of the visit of His Holiness Pope Francis to the Shrine of Fatima, between days 12 and 13 May, as aware of the Express article 30 March under the title "Portugal closes the borders in the Pope's visit", referring "that the 00 day 10 up to 00 day 14 May the borders will be closed in order to allow the Portuguese authorities can better control the exits and entrances in Portugal".

This is not the first time that Portugal temporarily restores control at land borders, was completed on 2004, by reason do EURO 2004 e do Rock in Rio, during 39 days, is at 2010 during the NATO Summit in Lisbon, in November, as at the time realized the SUN article, with the title "NATO Summit 'closes’ Portuguese borders", where it was stated that "Portugal will return to 'close’ their boundaries 16 and 20 November because of the NATO summit held in Lisbon", one of the goals "control the entry into Portugal of anti-globalization protesters, usual in this kind of international meetings".

For effective control of people and goods at the land border, while performing the NATO summit, nine sites were defined, as possible only to enter national territory: Valencia; Green Ray Village; Quintanilha; Vilar Formoso; Termas de Monfortinho; Marvão; fall; Vila Verde Ficalho and Vila Real de Santo António.

These sites were trimmed constantly with staff from the National Guard (GNR) and the Foreigners and Borders Service (SEF), It is expected that these sites are, the same where you can come into the country by land border, between days 10 and 14 May. It is recalled that for the NATO Summit in Lisbon was attended by Presidents Barack Obama and Vladimir Putin, as well as most European political leaders.

As mentioned, whenever the effort border control is reset is directed to the land border, because it is an internal border of the European Union (EU), between two Member States that belong to the "Schengen", defined by the Schengen Agreement, in 14 June 1985 and later by the Schengen Agreement Implementation Convention (CAAS), in 19 June 1990, which led to the gradual abolition of internal borders of the EU, leaving to perform the control of people and goods at the land border, so the suspension of the CISA implies deal with the border between Portugal and Spain, as if it were an external border, in the case of the national territory is constituted by sea and air border, which is carried out daily monitoring of people and goods.

While on 1990 under CASS our land border became internal border of the EU and therefore no control of people and goods, where the principle of free movement of people and goods has become the guaranteed therein Border posts were deactivated, They are also known as "Joint Position", where the Portuguese authorities were represented, the Security Forces and Services (FSS), which in territorial jurisdiction of reasons or criminal jurisdiction, They have responsibilities in the area of ​​security and control of people and goods. Taking into account some constraints observed in the functioning of the "Joint Police Stations", these were replaced by cooperation centers Police and Customs (CCPA), created 19 November 2005 under the signature of Évora Agreement between Portugal and Spain, on cross-border cooperation in police and customs matters, which entered into force on 27 January 2008.

The CCPA thus started its operation in early 2009, constituting as information exchange structures and support for police operations, bringing together in one place elements of the FSS responsible for the security and control of people and goods, referring to article 3 of the Évora Agreement "The ACFA are installed in the common border line of two sides or in its vicinity and intended to accommodate staff and staff comprising the agents of the competent authorities referred to in Article 2 of this Agreement".

Évora The Agreement also stipulates that the Portuguese part of the CCPA include representatives: da GNR; Public Security Police (PSP); to SEF; the Judicial Police (PJ) and; the Tax and Customs Authority (AT), locating the CCPA in Portugal, at Vilar Formoso and Castro Marim and the Spanish territory, Kids Yet (Valença do Minho) e em Caya (Elvas).

The abolition of internal borders between Member States of the Schengen Agreement and consistent application of the principle of free movement of people and goods, forced the adoption of a set of measures, we do not want to list, opening however an exception, its importance, to the Schengen Information System (SIS), which is assumed as one of the most important measures in the security and control of people and goods, which is no more than a common information system allowing the FSS of those States have information on wanted or missing persons and objects such as vehicles, weapons, documents, etc, whose mechanism is even more important reason for the inspection operations carried out in the main border access roads, either in Portuguese territory and Spanish territory, called "Mobile Controls" and are mostly run by the GNR and the Guardia Civil, can the Portuguese side still rely on SEF elements, da AT e da PJ.

With the replacement of control on persons and goods at the land border, the FSS should coordinate to ensure not only the operation of all CCPA, and ensure the monitoring of the nine compulsory crossing the land border locations and above, without forgetting all the other secondary accesses between Caminha and Vila Real de Santo António, an extension of 1.200 km, 24 hours per day, during 5 days, knowing that it will be up to the GNR the largest share of the effort, without forgetting the huge security operation mounted inside and in the vicinity of the Shrine of Fatima, constituting probably the largest military commitment of GNR since its inception in 1911.

Given the teachings of 2010, By reason for performing the NATO summit, where between 16 and 20 November 2010 They were monitored at the land border 123.244 people, refused entry to 151 foreign nationals, of which 18 They were arrested, it is concluded that the replacement of the control of people and goods at the land border was the measure that contributed to the success of the NATO Summit held in Lisbon, security point of view, despite the constraints that the measure brought the right to free movement.


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